The Courier & Advertiser (Perth and Perthshire Edition)
Estate owners accuse Lochhead of reneging
Group with let farms set out objections to elements of Bill
A group of Scottish estate owners with let farms as part of their portfolio have written to Rural Affairs Secretary Richard Lochhead setting out strong objections to parts of the draft Land Reform Bill.
They accuse Mr Lochhead of retreating from his intention of using the new legislation to create a vibrant tenanted sector and express fears of a “fundamental breach of property rights”.
“Regardless of the scale of our operations or our type of ownership, what unites us is fear of what may become of the tenant farming sector in Scotland should certain proposed amendments to the Bill in relation to agricultural holdings go ahead,” the signatories write.
The specific proposal annoying the landlords is a recently introduced amendment which would enable tenants to assign their tenancies to new secure tenants, coupled with the widening of rights to succeed to secure tenancies.
This replaces the previous draft which, if adopted, would have seen secure tenancies assigned but only if they were converted to Limited Duration Tenancies (LDTs).
Pointing out in no uncertain terms that the initial proposals came from an Agricultural Holdings Legislation Review Group (AHLRG) chaired by Mr Lochhead himself, they continue: “There were differences of opinion across the industry as to the appropriate term (for the LDT) and there is no doubt that such a measure would not be in the best interests of the agricultural landlord.
“That said, landlords and farming representatives do understand that some churn in the sector could be achieved through such a measure and recognise the good that would do.
“It is therefore bitterly disappointing to see the Scottish Government now discarding the conversion option in favour of something that will clearly not be in the interests of tenant farming.
“Even with a right for the landlord to buy the tenant out (albeit at a higher price than a tenant would pay) the reality is that many will not be able to afford to buy back farmland and buildings which, of course, they already own.
“Surely this cannot be a balanced approach and how many landlords will re-let once they have bought out the tenant?”
The letter is signed by Sarah Troughton, Atholl Estates; Richard Buccleuch, Buccleuch Estates; Jamie Carruthers, Dormont Estate; Charles Pearson, Dunecht Estates; Ian Stewart-Fergusson, Dunfallandy Estate; Neil Hannay, Kirkdale Estate; Chris Hockley, MacRobert Trust and John Moray, Moray Estates.
The Scottish Government wants to see the Land Reform Bill passed before the May election, so time is short.